Tenant’s Death a Liability
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Regarding “Who’s Liable for Leased Unit’s Rent if Tenant Dies?” (March 10): Kevin Postema is correct describing liability for a leased unit.
If the tenant has a month-to-month tenancy, however, “the tenancy is terminated as of the 30th day following the tenant’s last payment of rent before the tenant’s death.” (Miller & Desatnik Management Co. v. Bullock (1990) 221 Cal.App.3d Supp. 13. Civil Code 1934.)
The result is a landlord, when a tenant dies, may get less than the usual “30-day notice.” For example, in the case cited, the tenant paid rent on Sept. 15 and died on Sept. 21. The Court found the tenancy ended Oct. 15.
THOMAS KEISER
Arcadia
The writer is an attorney.
